Section 1 Where to find information

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1 Section 1 Where to find information

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4 OSCOLA website: a.php Tutorial from Cardiff: /tutorial/

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6 Section 2 The basics

7 Consistency. Consideration for the reader. Minimum of punctuation. When citing materials not specifically mentioned in OSCOLA, use its general principles as a guide.

8 OSCOLA is based on the use of footnotes. Place the footnote marker at the end of the sentence, unless it needs to be next to a specific word or phrase for the sake of clarity. Word can automatically insert footnotes into your work: see the screenshot on the next slide (on the References tab, click on insert footnote ).

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10 There is no need to repeat all the information each time (although it is OK to do so). In a subsequent footnote you can give just the author s name and refer back to the footnote where you gave the full information.

11 If in footnote 3, you refer to J Bloggs, OSCOLA Made Easy (20 th edn, Sanity Press 2011) and you refer to it again in footnote 25, you only need to put 25. Bloggs (n 3)

12 If the subsequent footnote immediately follows the one where the full citation is given, you can use the Latin term ibid. This is short for ibidem, which means in the same place. Avoid using other Latin terms.

13 OSCOLA uses very little punctuation. It is only used where it is essential to avoid confusion. Therefore, an author s name will be given as AC Smith, not A.C. Smith.

14 OSCOLA provides for quotations of under 3 lines to be included within the text, and longer quotations to be indented However, Anglia Ruskin requirements for word counts make a distinction between quotations of up to and over 50 words: rule 6.60 of the Academic Regulations: c/academic_regs_5ed_(july12).pdf

15 Use 50 words as the cut-off point rather than 3 lines (in practice these will be much the same). Quotations of up to 50 words are incorporated in the text, within single quotation marks. Quotations of over 50 words are indented, with no quotation marks. A line space is left before and after the indented paragraph.

16 As Campbell puts it: Both sides of the metal detecting debate are caught within a paradigm of which they are unaware, and continue to talk to each other in a language of mutual incomprehension. In particular many archaeologists are mystified by the reluctance or sometimes animosity which they experience from metal-detector users while many metal-detector users expect the same from archaeologists, and unhappily sometimes get it. 1

17 The assumption underlying the legal protection is the public interest in the preservation of the past. However 'State intervention is not inherently more public - more democratic, more empowering. 1 So the question becomes who is the public?

18 Section 4 Books

19 Who wrote the book What it is called When it was published (including which edition) Who the publisher was

20 Author, Title in Italics (edition, publisher date) page N.B two commas, no full stops!

21 Give the names as they appear in the publication. If there is no individual author, but an institution or organisation is identified, give that as the author.

22 Author s name, then a comma, then title of the book in italics. Follow this with publication information in brackets: the edition (if it s not the first edition), publisher and year of publication. NOTE a change from the previous edition of OSCOLA is that you no longer need to give the place of publication.

23 You need to be precise about the order in which you present the information, and use EXACTLY the same pattern of punctuation. In a footnote, the page number will identify the page where you can find the passage you are quoting or referring to.

24 Putting it into practice

25 Edition Title Author Publisher

26 Most of the information you need is on the title page. The only piece missing is the date of publication. This is slightly harder to find it s in the detailed information over the page.

27 Date of publication

28 Presenting this correctly The author is given with first name or initial first, then surname, in the form in which it appears in the publication. If initials are used, they are not followed by full stops or spaces between the initials. The author s name is followed by a comma So in this case, it will be: Penelope Kent,

29 Author, Title in Italics (edition, publisher date) page So we can put the first piece of information in place the author in this case Penelope Kent.

30 Putting these two pieces of information together: Penelope Kent, Law of the European Union This is the basic information about who wrote the book, and its title. There are some more important elements to a complete reference which would enable the reader to find your original source.

31 The next piece of information you need is the title of the book In this case it is Law of the European Union Looking back at the formula we see that this is the next piece of information you need. The title should be given in italics (N.B. no quotation marks) So in this case, it will be: Law of the European Union

32 (edition, publisher date) We ve seen that the first two pieces of this information are on the title page It s the 4 th edition The publisher is Longman Pearson

33 Inside the brackets: Give the edition first, then a comma, then the publisher. Make sure you punctuate in exactly the form given in the formula Edition is abbreviated as edn and is followed by a comma So in this case, we ll have (4 th edn, Pearson Longman)

34 The date of publication, which we ve already found on the next page. Adding this final piece of information, we have the full reference: Penelope Kent, Law of the European Union (4 th edn, Pearson Longman 2008)

35 Outside the brackets, you pinpoint the page your reference relates to. So with our example above, if you were quoting from page 98, your footnote would be Penelope Kent, Law of the European Union (4th edn, Pearson Longman 2008) 98

36 Give the author of the contribution, followed by a comma. Then the title of the chapter in single quotation marks, then the details of the book in the normal format

37 V Easy, All you need to know about referencing in Joe Bloggs (ed), OSCOLA for Everyone (9 th edn, Sanity Press 2010)

38 Section 5 Journal Articles

39 Author s name Title of the article Name of the journal Volume number (if there is one) Year of publication First page of the article

40 First, the title of the journal: Legal Studies

41 Next to that, we can find the volume number: Vol 30 No.1

42 And then the date: 2010

43 And finally the pages of the article

44 The title of the article itself

45 and the author

46 As with books, the first thing is the author, followed by a comma: Gerard McCormick,

47 Reconstructing European insolvency law constructing a new paradigm in single quotation marks

48 (2010) Round or square brackets? round brackets if there is a separate volume number, but square brackets if there isn t a separate volume number. In this example we know there is a volume number Vol 30 no 1

49 30(1) LS 126 The volume number, followed by the issue number in brackets Then the title of the journal which can be abbreviated Then the first page of the article

50 Gerard McCormick, Reconstructing European insolvency law constructing a new paradigm (2010) 30(1) LS 126

51 When pinpointing, put a comma between the first page of the article and the page pinpoint. Gerard McCormick, Reconstructing European insolvency law constructing a new paradigm (2010) 30(1) LS 126, 131

52 author, title [year] journal name or abbreviation first page of article [OR] author, title (year) volume journal name or abbreviation first page of article

53 Paul Craig, Theory, Pure Theory and Values in Public Law [2005] PL 440 Alison L Young, In Defence of Due Deference (2009) 72 MLR 554

54 List in section of the OSCOLA guide For other journals, use the Cardiff Index to Legal Abbreviations Above all, be consistent!

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56 Section 6 What about articles from databases such as Westlaw?

57 Treat them exactly the same as print journals. You don t need to give the name of the database whether you found the article in print or electronic form is not relevant.

58 Public Law 2011 Year Striking down legislation under bi-polar sovereignty C.J.S. Knight Subject: Constitutional law Keywords: Common law; Constitutionality; Human rights; Judgments and orders; Legislation; Parliamentary sovereignty; Separation of powers Legislation: European Convention on Human Rights 1950 *P.L. 2011, 90 In a recent Page article, I argued that it was possible to construct a theoretical argument which supported a sharing of sovereignty between Parliament and the courts.1 The way in which it can work is by identifying that there is a functional overlap: both Parliament and the courts have a legal sovereignty role in making law, and an enforcement sovereignty role in ensuring the following of the law by others. The argument made was placed squarely in the English tradition of institutional pragmatism.

59 CJS Knight, Striking down legislation under bi-polar sovereignty [2011] PL 90

60 Section 6 Internet sources

61 Not all websites are reliable (anyone can put information on to the internet) Websites may present a biased, misleading or inaccurate viewpoint. The variable quality of information freely available on the internet makes it even more important to provide detailed information. Websites also move, change or are deleted: another reason to make sure you provide as much information as possible

62 Remember the basic purpose of referencing is to document: Who wrote it Where, when and by whom it was published

63 What information do you need to include? Look at the instructions in the Citing the Law online tutorial Some of it is the same as for citing a book: Author Title Note that sometimes an individual author is not given. In that case, use the name of the organisation responsible for the website. Remember the purpose is to tell the reader who is responsible for writing the material.

64 The date it was written (if there is one) Additional relevant information The url i.e. where to find it (indicated with <>) The date you accessed the site

65 Author Date

66 International Committee for the Red Cross, Contemporary Challenges for IHL (5 February 2013) < accessed 9 December 2013

67 Section 8 Bibliographies

68 You must always include a bibliography Every reference you include in your footnotes must also be in your bibliography There may be additional sources in your bibliography which do not appear in your footnotes (sources you have used in the preparation of your work but have not referred to directly)

69 No! Two key differences: You leave out page numbers pinpointing a quotation. The surname of the author comes first, and full first names are not used, only initials e.g. in your footnotes an author might be Joe Bloggs, but in the bibliography it will be Bloggs J, (followed by the rest of the information).

70 First, copy and paste all your footnotes into one list. Keep cases, legislation and secondary sources under separate headings

71 For the books and articles, swap the order of the author s first name (or initial) and surname around. Delete the page numbers at the end of the reference

72 Simon Lester and Brian Mercurio, World Trade Law (Hart 2008) 78 Catherine Barnard, Substantive Law of the European Union (3rd edn, OUP 2010) 13

73 Lester S, and Mercurio B, World Trade Law (Hart 2008) Barnard C, Substantive Law of the European Union (3rd edn, OUP 2010)

74 Use the automatic sort function in Word. On the Home tab, click the Sort icon Use the default settings of Paragraphs, Text, Ascending Click OK

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78 Barnard C, Substantive Law of the European Union (3rd edn, OUP 2010) Lester S, and Mercurio B, World Trade Law (Hart 2008)

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